Spoiler alert: We got nothin'.
But we learned a lot.
And the ball is rolling.
Oh, and no moratorium on projects in the hopper. (Thought we'd get that out of the way.)
Politics may stop at the water's edge, the Village of Winnetka doesn't. Who knew? Seems not many.
It started with the Winnetka Park District's Lakefront Master Plan. Residents, miffed that the final piece – combining Centennial and Elder beaches – included more private development and fewer protections than originally called for, looked to neighboring communities for guidance.
Unlike those neighbors, Winnetka had no Lakefront Protection Ordinance. Did it need one?
According to some residents, who, for years – and on their own dimes – had been building revetments and breakwaters, off-loading sand, and shoring up their bluffs to protect their properties from Mother Nature’s wrath, no.
According to some residents who saw their views, access, and safety threatened from what they considered the Overreach on the Beach, yes.
So the Village called it. Two Study Sessions: January 10th, and January 31st. Five hours and 23 minutes of kitchen table, sleeves-rolled-up, right-brain-meets-left-brain free-for-all. An unprocessed, uncensored, unparalleled look at your tax dollars at work.
You got your money's worth.
Permits Up the Whazoo
Want to build on, in, or next to Lake Michigan? You probably need a permit. Want to do it in Winnetka? Five. Yup, five.
The US Army Corps of Engineers (USACE), the Illinois Department of Natural Resources), the Metropolitan Water Reclamation Department, Illinois Environmental Protection Agency (IEPA), and our own Community Developmentand Engineering departments all log in so our shoreline stays a shoreline and our bluffs, bluffs.
For two decades, the Village's logic's been if it's good enough for them, it's good enough for us.
But...well, "they" are engineers.
Unintended Consequences
A couple of years ago, USACE in its haste to help panicked-residents-with-visions-of-houseboats-swimming-in-their-heads save their properties from high tide and Mother Nature, fast-tracked a boatload of permits for shoreline and bluff protection.
Then, a Covid-driven staff crunch cut the public comment period to every five years.
Engineering, check. But its impact on the "health, safety, and welfare" of residents who used the lakefront? Not so much. Actually, not at all. This created what Trustee Dalman terms, a "regulatory gap."
Then this...
The Mother of all Jaw Drops
According to the Village Attorney,
“Unlike some of its municipal Lake Michigan neighbors whose corporate boundaries extend only to the water’s edge, the Village’s corporate boundary extends one-half mile into the water of Lake Michigan contiguous to the Village… Within the area…the Village enjoys its municipal authorities, including zoning, building, and general home rule powers, all of which are subject to the same standards and limitations as apply to the application of these powers on land.”
Gap meet chasm.
A New Look at the Lake
What runs the show on land, runs the show a half mile out. It's in our Charter. Plus, we're Home Rule. Our destiny's in our hands – unless hard-stopped by Fed, State, or regional regs.
Looking at other communities only goes so far. The VC consensus is we've got a lot of what we need to deal with this opportunity-slash-responsibility. We just have to some thinkin' to do.
The Village Attorney will get with the Village Code to see what if anything can and should apply to our new point-five of Waterworld.
The Village Manager will get with Community Development and Engineering to review how and why they do what they do and to try to make good policy from this new reality.
Once it's as draft-ordinance-ready as it can be, the Village Attorney will type it up, hit control save and copy, and hand it off to the VC to discuss, debate, and deliberate. Rewind and reboot until it's ready for Prime Time.
And (hopefully) everybody will put this guy on speed dial: Caleb Barth, coastal engineer with Great Lakes chops. Brought on board to help reality test the science behind Mother Nature's whims, and to make sure any new rules and regs hold water.
Lakeside, bluff, and resident protections with Mother Nature calling the shots? The Village Attorney cautions Prime Time could take some time.
Putting the Public Back into Public Comment
It's tempting. More than one Trustee is looking at the Planned Unit Development Ordinance and its commission of Zoning board and Plan Commissioners who jointly review – in public and with resident input – appropriate projects for compliance with the Village's Master Plan and Zoning codes.
This one's not that easy. Mother Nature has no Master Plan, Municipal Code, or any behavior that looks like it might be compliant with any ordinance. That's why USACE and IDNR cop to making a lot of decisions "in the field."
Too often, one year's decision is another year's "what were you thinking?" Expect resident input to help with that "unintended consequences" thing.
This Sand is Your Sand, this Sand is My Sand
Prez Rintz started this most-interesting-episode with: "We're dealing with some of the most valuable and desirable real estate in the Chicago area” and advised the VC to give “thoughtful consideration of the issues raised by concerned residents, developing a vision for the future of our lakefront, and making sure we don’t impair the property values and fundamental property rights of those fortunate enough to own a little piece of heaven in our community.”
Into water sports? Own a dog? Applewatch beach walker? Care about the environment? Lake access top your move-to-Winnetka checklist? This one's for you, too.
Let the balancing begin.
Five-and-a-half hours in 1000 words? There's so much more.
Read and watch The Game Changer, the Village Attorney's Memo – waterlines, ownerships, and why he gets the Big Bucks.
Session 1 – Background, neighbors' doings, new reality
USACE – jurisdiction and how they make their decisions
IDNR – same
Zoning's playbook – ours and our neighbors'. (Caution: there's a lot here. But it's everything – and we mean everything – other communities are doing, straight from their zoning codes and ordinances. Thank you, Mr. Schoon.)
Engineering and environmental playbook and Winnetka's permitting process.
Session 2 – Why we'll miss Trustee Cripe when he terms out, and trustee hash-out
For fun:
USACE/IDNR Joint Application and, if you're that interested, the application instructions.
Bookmarks and sign-ups:
New addition to the Village's website - Lakefront Updates
And this from Manager Bahan: The Village's weekly newsletter - way more up-to-date than we can ever be. Sign up, stay in.